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(영문) 창원지방법원 2013.05.08 2012고단3608
무고
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 20, 2012, the Defendant submitted a written complaint to the public service center of the Kimhae Police Station located in the 2307 Kimhae-si, Kimhae-si, Kimhae-si, as of August 20, 2012, to the effect that “The Defendant complained against the Defendant to the effect that “the elderly members, etc. of the apartment household association in the Domp, Kimhae-si, Kimhae-si, Kimhae-si, the senior citizens association, etc. are being heard,” and that “the aged and the elderly members, etc. of the apartment household association were insultingd,” and stated to the police officer in charge of the instant case on the same day.

However, the facts are the fact that the defendant made abusive and verbal abuse to C at the above time and place, but C did not have any desire to make the defendant as above.

Accordingly, the defendant did not appeal C.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by C of a witness in the second protocol of trial;

1. A complaint;

1. The application of Acts and subordinate statutes to each investigation report (Attachment to a record, a voice CD attachment);

1. Relevant Article of the Criminal Act and Article 156 of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel acknowledged that C did not wish to the effect that “the aged and the senior citizens’ society members including the Defendant are able to grow up and grow up,” at the time and place of the decision of C, but C submitted a written complaint to punish C as a crime of insult as a result of misleading the Defendant and the senior citizens’ society members as misunderstanding that C took a bath. Thus, the defendant asserts to the purport that the defendant did not have an intention to make a false accusation.

2. Determination

A. In the crime of false accusation, the criminal intent is not necessarily required to be a conclusive intention, and is also sufficient for dolusent intention.

Therefore, it is necessary to establish a crime of false accusation by reporting the fact that the reporter is not true and that the reported fact is false.

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